Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2026 Supreme(Online)(CERC) 367

CENTRAL ELECTRICITY REGULATORY COMMISSION
Jishnu Barua, Chairperson, Ramesh Babu V., Member, Harish Dudani, Member
Petition under Section 94(1)(f) of the Electricity Act 2003 read with Order 47 Rule 1 of the Code of Civil Procedure 1908 and Regulation 52 of the Central Electricity Regulatory Commission (Conduct of Business) Regulations 2023 seeking review of the Commission’s order dated 19.7.2025 in Petition No. 45/TT/2023 titled “Power Grid Corporation of India Limited v. West Bengal State Electricity Distribution Company Limited and Others”. Power Grid Corporation of India Limited
Review Petition No. 23/RP/2025|Petition No. 45/TT/2023

Advocates:
For the Appellants/Petitioners: Swapna Seshadri, Namrata Saraogi, Rupinder Kaur, Supriya Singh, Arjun Malhotra
For the Respondents: Rohini Prasad, Ashika Ranjan, Anupama Jha

A party may withdraw a review petition with liberty to seek the same reliefs during a subsequent truing-up process, subject to the claims being considered strictly in accordance with the law.

Headnote:The petitioner filed a review petition under Section 94(1)(f) of the Electricity Act, 2003, read with Order 47 Rule 1 of the Code of Civil Procedure, 1908 and Regulation 52 of the CERC (Conduct of Business) Regulations, 2023. The petitioner sought review of an order dated 19.7.2025, requesting condonation of time overruns due to forest clearance and the Covid-19 pandemic, and the subsequent capitalization of IDC and IEDC with consequential tariff. The primary issue was whether the petitioner could withdraw the review petition with liberty to seek the same reliefs during the truing-up of the tariff for the 2019-24 period. The court observed the submissions of the petitioner and the opposing respondents regarding the nature of the liberty granted for future claims. Accordingly, Review Petition No. 23/RP/2025 in Petition No. 45/TT/2023 is disposed of as withdrawn.

Table of Content
1. filing of review petition for condonation of delays and capitalization of costs. (Para 1 , 2)
2. permission to withdraw petition with liberty to seek relief during truing-up. (Para 3 , 4 , 5)
3. formal disposal of the petition as withdrawn. (Para 6)

ORDER

The instant Review Petition has been filed by Power Grid Corporation of India Limited (PGCIL) (hereinafter referred to as “the Review Petitioner”) under Section 94(1)(f) of the Electricity Act, 2003 (hereinafter referred to as “the Act”), read with Regulation 52 of the Central Electricity Regulatory Commission (Conduct of Business) Regulations, 2023, and Order 47 Rule of the Code of Civil Procedure, 1908, for the review of the Commission’s order dated 19.7.2025 in Petition No. 45/TT/2023 titled “Power Grid Corporation of India Limited v. West Bengal State Electricity Distribution Company Limited and Others”.

2. The Review Petitioner has made the following prayers in the instant Review Petition:

(a) Admit the Petition.

(b) Review Para Nos. 37, 53 and 55 of the Order dated 19.7.2025 in Petition No. 45/TT/2023 to the extent sought in the present Review Petition.

(c) Condone the time overrun of 798 days (for delay in forest clearance), 242 Days (for delay due to Covid-19 Pandemic) and 323 Days (due to COVID-19 restrictions imposed by the Govt of Bhutan);

(d) Allow the capitalization of IDC and IEDC for the said period and grant consequential tariff.

(e) Pass such further or other order(s) that this Commission may deem fit and proper.”

3. During the hearing of the matter on 29.6.2026, the learned counsel for the Review Petitioner sought permission to withdraw the present Review Petition with liberty to seek the reliefs sought herein during the truing-up of the tariff for the 2019-24 period.

4. The learned counsel for Respondent Nos. 2, 7 and 8, i.e. Bihar State Power (Holding) Company Limited (BSPHCL), North Bihar Power Distribution Company Limited (NBPDCL) and South Bihar Power Distribution Company Limited (SBPDCL), respectively, while opposing the grant of a specific liberty to the Review Petitioner, submitted that the Review Petitioner may be allowed to withdraw this Review Petition subject to it being permitted to seek the reliefs claimed herein at the time of truing-up in accordance with law.

5. Considering the submissions of the learned counsels for the parties, the Review Petitioner is permitted to withdraw the present Review Petition, with liberty to seek the reliefs sought in this Review Petition in the true-up Petition, which shall be considered strictly in accordance with law.

6. Accordingly, Review Petition No. 23/RP/2025 in Petition No. 45/TT/2023 is disposed of as withdrawn.

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